Legal Thesaurus

Damnum sine (absque) injuria

Damage without injury, that is damage caused without legal wrong.

There may be some harm or loss that may not be wrongful in the eye of law because it may not result in injury to a legal right or legally protected interest of the complainant but juridically harm of this description is called damnum sine injuria. [Ravi Yashwant Bhoir v. District Collector, Raigad, (2012) 4 SCC 407].

[See also Interglobe Aviation Limited v. N. Satchidanand, (2011) 7 SCC 463].

Damages is the compensation which a person who has suffered a legal wrong is by law entitled to recover from the person responsible for the wrong (damnum sine injuria) is not recoverable. [See on this subject :Encyclopaedia Britannica “Damages”].

Damages in ancient and modern law. —The principle of compensation for legal wrongs makes its first appearance in ancient law as a substitute for personal retaliation. In such a system the two entirely different objects of personal satisfaction and criminal punishment are not clearly separated, and in fact, criminal and civil remedies were administered in the same proceeding.

Under modern systems of law, the object of legal compensation is to place the injured person or aggrieved party as nearly as possible in the situation in which he would have been but for the injury; and the controlling principle is that compensation should be determined so far as possible by the actual amount of the loss sustained.

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